03.03.2009

HSE targets falls from vehicles - again

The Health and Safety Executive is re-running a campaign that warns about the dangers of falls from vehicles. When companies are investing in new fleet vehicle buyers should require basic safe design features such as safety steps, handrails/hand holds and slip resistant floors.

To illustrate the workplace risks behind this campaign the HSE recently warned about the dangers of falling from vehicles following the death of a Central Scotland tanker driver who fell three metres from the top of his vehicle because his employer failed to provide a safe place to work. Carntyne Transport Ltd of Glasgow, pleaded guilty to a charge laid under Section 2(1) of the Health and Safety at Work Act 1974, which requires employers to provide a safe place and safe systems of work.

Vehicle yards are also under scrutiny - a passing HSE Inspector was so appalled at the state of yard surface used by LGVs, forklift trucks and some pedestrians that she went in and not only served a Notice requiring improvements but also prosecuted the owner, Salvesen Logistics Ltd, as there were potholes large enough to potentially cause a lift truck to overturn and the yard was also used by vehicles belonging to other companies, to whom it was sublet.

The company pleaded guilty in a Magistrate's Court to a charge under Regulation 12 of the Workplace (Health, Safety and Welfare) Regulations 1992 and the Chair of the bench said that under current guidelines they could only be fined £2500, plus full costs of £2241, for allowing the yard at their Easton, Grantham depot to fall into a state of disrepair over a period of years. The Chair of the bench said that "it was a derisory amount to fine such a nationally and internationally known company" but his hands were tied.

It is likely that this fine would be significantly higher had the new Health and Safety (Offences) Act 2008 been in place at the time of the incident. This Act has recently come into force and raises the maximum penalties available to the courts in respect of health and safety offences. Included in the Act are the following:
- The maximum fine that can be imposed by the lower courts (Magistrate's Court) has been raised from £5,000 to £20,000 for most offences
- Prison sentences are now an option for most health and safety offences in lower and higher courts
- It is now possible for certain offences, which can currently only be tried in the lower courts, to be tried in either the lower or higher courts.

The Act will only apply to offences committed on or after 16 January 2009, and will not change any of the existing legal duties on businesses.